[Local Parking Policies] Chenzhou, Hunan: “Administrative Measures for the Construction and Utilization of Underground Parking Spaces in the Urban Planning Area of Chenzhou City (Trial)”

China Urban Parking Policy Development Report 2018》 A total of nationwide… was collected. More than 260 parking policy documents have been issued by 31 provinces, municipalities, and autonomous regions—covering over 130 cities. Due to space constraints, only the full texts of policies deemed particularly representative have been compiled into this volume for the reference of readers. To facilitate consultation, the documents have been broadly categorized into ten groups: comprehensive policies, parking management, incentives for private investment, on‑street parking management, residential communities, mechanical parking systems, smart and information‑based solutions, fee‑collection management, approval and filing procedures, and other matters.

Hunan - Chenzhou - “Administrative Measures for the Construction and Utilization of Underground Parking Spaces in the Urban Planning Area of Chenzhou City (Trial)”

Chapter One General Provisions

Article 1: In order to standardize the management of underground parking spaces in our city and to ensure the scientific and rational utilization of urban underground space resources, this Measures is formulated in accordance with the provisions of the Property Law of the People’s Republic of China, the People’s Air Defense Law of the People’s Republic of China, the Regulations on the Development and Management of Urban Real Estate, the Regulations on Property Management, the Interim Regulations on Real Estate Registration, the Regulations on the Development and Utilization of Urban Underground Space, and other relevant laws, regulations, and rules, taking into account the actual conditions of our city.

Article 2: This Measures shall apply to the construction, utilization, and management of underground parking spaces within the urban planning area of the city.

For the purposes of these Measures, “underground parking spaces” refer to all types of underground facilities used for parking—including underground parking lots, individual underground parking spaces, underground parking garages, and civil defense facilities that may, in accordance with applicable regulations, be utilized as parking spaces—and encompass both integrated underground parking spaces and stand-alone underground parking spaces. Integrated underground parking spaces are those developed and constructed by the same developer in conjunction with above-ground structures. Stand-alone underground parking spaces are those independently developed and constructed utilizing underground space.

Article 3: Where civil defense facilities constructed in accordance with the law are used as parking spaces, they shall comply with the relevant provisions governing civil defense facilities.

Article 4: The Municipal People’s Government shall exercise unified leadership over the construction, utilization, and management of underground parking spaces and shall formulate policies for the regulation of such spaces.

The municipal urban–rural planning authority is responsible for the planning and management of underground parking spaces; the municipal land and resources authority oversees land-use management, transaction registration (including sales, complimentary allocations, and leases), and real estate registration for underground parking spaces; the municipal housing and urban–rural development authority manages the construction of underground parking facilities; the municipal real estate administration authority supervises the trading of underground parking spaces in real estate development projects, including sales, complimentary allocations, and leases; and the municipal civil defense authority is responsible for the management of civil defense facilities used as parking spaces.

Public security traffic police, development and reform authorities, urban management and administrative law enforcement agencies, environmental protection departments, water supply entities, power utilities, fire services, safety supervision bodies, quality inspection agencies, and other relevant functional departments shall, in accordance with their respective duties and responsibilities, carry out the corresponding tasks related to the management of underground parking spaces.

Article 5: The rights of the right holder to possess, use, derive income from, and dispose of underground parking spaces lawfully acquired shall be protected by law.

Chapter Two Planning Management

Article 6: The planning of underground parking spaces shall adhere to the principle of rational layering, implementing vertical, multi‑level, integrated development and horizontal connectivity among related spaces, while ensuring coordinated integration between above‑ground structures and underground facilities.

Article 7: The construction of underground parking spaces shall be submitted to the urban and rural planning authority concurrently with the above-ground building, and the planning approval and permit procedures shall be processed jointly with those for the above-ground construction project.

Article 8: The standards for the provision of underground parking spaces and other technical requirements shall be incorporated into the planning conditions for construction land, and shall form an integral part of the contract for the transfer of state-owned land use rights or the decision on the allocation of state-owned land use rights.

Article 9: During the review stage of the underground garage’s traffic design plan, it shall be subject to joint planning review, and the opinions of the traffic management department of the public security organ shall be solicited.

Where underground parking spaces are part of civil defense facilities, the construction entity shall, during the review and approval stage of the project’s planning and design scheme, submit a peacetime‑to‑wartime conversion plan for the civil defense works, as approved by the civil defense authorities.

Article 10: The construction project planning permit shall specify the gross floor area of underground parking spaces and the total number of parking spaces. Its accompanying drawings shall include a general layout plan of the underground garage, a traffic organization diagram, the site boundaries and planar coordinates of the underground structure, as well as elevation marks. The basement design documents shall contain a parking space allocation and layout plan, plans for ancillary facilities, and the corresponding gross floor areas, together with annotations indicating storey heights, public passageways, and the locations, widths, and clearances of entrances and exits.

Article 11: The verification of underground parking space planning shall be conducted strictly in accordance with the relevant contents of the attached drawings to the Construction Project Planning Permit, and a Planning Verification Opinion Letter shall be issued as the basis for real estate registration and for the sale (transfer) of underground parking spaces. Where the number of underground parking spaces fails to meet the planning requirements or their intended use has been altered without authorization—cases that are subject to legal penalties—such penalties shall be imposed, and the developer shall be required to make rectifications within a specified time limit. If the rectification is not adequately completed, the project shall not pass the planning verification. For integrated construction projects, the planning verification of underground parking spaces shall be carried out concurrently with that of the above‑ground structures.

Chapter Three Land Use Management

Article 12: The construction of underground parking spaces shall obtain the right to use state-owned construction land (underground).

The acquisition of the right to use state-owned construction land (underground) shall be carried out in accordance with applicable laws and regulations and shall not prejudice any pre-existing surface‑level construction land use rights or other real rights.

Article 13: For underground parking spaces constructed in conjunction with a building, if their construction scale has been approved as exempt from floor area ratio calculation, no land premium shall be charged at the time of transfer.

Prior to the implementation of these Measures, holders of land-use rights for underground parking spaces constructed in conjunction with buildings who have already entered into a “Contract for the Transfer of State-owned Land-use Rights” and whose contracts do not stipulate the payment of land fees for such underground parking spaces shall not be required to make any retroactive payments.

Article 14: Where the holder of a state-owned construction land use right develops and constructs underground parking spaces on its own land, the corresponding underground portion of the state-owned construction land use right may be transferred through negotiated agreement. The transfer prices for the first and second underground levels may be set at, respectively, a percentage of the benchmark land price for the same parcel and intended use. 20% and 10% are confirmed; no land premium will be charged for the portion located three levels below ground or deeper.

Article 15: Where underground parking spaces are constructed independently in the underground space of public facilities such as urban roads, public plazas, and public green spaces, as well as in existing state-owned construction land, such use shall, except where it falls under the Catalogue of Allocated Land, be subject to paid utilization in accordance with the law, with a maximum transfer term not exceeding 50 years.

Following the release of the land supply plan for underground parking spaces, if there is only one prospective land user, the land may be allocated through a negotiated agreement. The transfer prices for the first and second underground levels may be set at, respectively, a percentage of the benchmark land price for surface-level commercial use. A 20% and a 10% discount shall be applied. Where there are two or more prospective land users, or where public auction is required by law, the land shall be allocated through the tendering, auction, and listing procedures. The reserve prices (starting prices) for the first and second underground levels may be set at 20% and 10%, respectively, of the standard land price for surface‑level commercial use.

Article 16: The development of underground parking spaces utilizing the underground space of industrial land is encouraged. Where the floor area of such underground structures, upon approval, is exempt from inclusion in the floor area ratio, no land premium shall be levied.

Article 17: Where the holder of a land-use right for construction purposes constructs attached underground parking spaces, the development of the underground space shall be subject to land‑supply procedures concurrently with those for the above‑ground building.

Article 18: Where parking spaces utilizing allocated land-use rights (underground) are put on the market for trading, such transactions shall be conducted through negotiated transfer, and the supplementary payment of land fees shall be governed by the provisions set forth in Article 14 of these Measures.

Chapter Four Construction Project Management

Article 19: The construction of underground parking spaces shall comply with the relevant regulations, standards, and codes governing engineering construction at the national, provincial, and municipal levels, conform to underground space planning, and be subject to planning management.

The construction of underground parking spaces shall ensure the safety of the surface and the existing buildings, municipal facilities, civil defense structures, water conservancy facilities, cultural relics, ancient and famous trees, public green spaces, and underground pipelines in the surrounding area. The project developer shall conduct necessary surveys and documentation of the surface and the surrounding existing buildings, municipal facilities, underground pipelines, civil defense structures, cultural relics, ancient and famous trees, and public green spaces; formulate emergency response plans and preventive measures to address potential damage or significant impacts; and carry out continuous monitoring throughout the construction process. Prior to commencing work on the underground parking spaces, the project developer shall notify the owners or managers of the relevant properties and submit the proposed measures to the competent authorities responsible for the affected buildings, municipal facilities, civil defense structures, cultural relics, ancient and famous trees, public green spaces, and underground pipelines.

Article 20: The survey, design, construction, supervision, quality inspection, and surveying and mapping of underground parking spaces shall be undertaken by entities possessing the corresponding qualification levels.

Article 21: The construction entity may commence construction of underground parking spaces only after obtaining a construction permit. For underground parking spaces constructed as part of an integrated project, the construction permit shall be applied for jointly with the above-ground works.

Article 22: When carrying out the development and construction of underground parking spaces, the construction entity shall adopt effective safety and protective measures, and shall scientifically and reasonably coordinate issues related to the load-bearing capacity, vibration, pollution, noise, and the safety of adjacent buildings between surface and underground spaces. It shall not impair the functionality of municipal utility pipelines, nor shall it affect surface or underground transportation; it shall not obstruct the planned functions of the surface area, and it shall not cause damage to surface buildings, structures, or appurtenances.

Article 23: Where underground parking spaces are connected to surface or above-ground construction projects through underground utility tunnels, such connections shall be implemented in accordance with the relevant provisions governing planning and design, the allocation of land for construction, planning permits for construction projects, and construction work permits.

Underground parking spaces shall be equipped with power supply and charging facilities, or have provisions for their future installation.

Article 24: Upon completion of underground parking facilities, they shall not be deemed to have passed the completion filing unless they have undergone special registration with the traffic management authorities and other relevant departments of the public security organs.

Underground parking spaces constructed in conjunction with above-ground structures shall be inspected and accepted together with the corresponding above-ground works.

Upon passing inspection, underground parking spaces shall be handed over in accordance with the relevant regulations, along with the project’s construction archives.

Chapter Five Sales and Lease Management

Article 25: Within a building development area, the planning and construction of underground parking spaces shall be governed by the principle that whoever invests owns, benefits from, and maintains them. Underground parking spaces constructed with state funding shall be owned by the state.

Parking spaces provided as part of public service facilities—such as those for medical care, sanitation, culture, sports, education, and government services—may not be sold or given away as complimentary items.

Article 26: The conditions for the sale of underground parking spaces in commercial residential buildings and the relevant procedures shall be implemented in accordance with the pertinent provisions of the Measures for the Administration of the Sale of Commercial Residential Buildings and the Measures for the Administration of Pre-sale of Urban Commercial Residential Buildings, and shall be accompanied by the basement floor plan approved by the urban–rural planning authority and the civil defense engineering conversion plan for peacetime–wartime use approved by the civil defense department.

Article 27: Underground parking spaces in residential communities shall be offered for sale at the same time as the corresponding commercial housing units. When selling newly built commercial housing, the sales and rental prices of underground parking spaces shall be clearly specified in the “Commercial Housing Sales Contract.”

The sale and rental prices of underground parking spaces shall be determined reasonably, taking into account factors such as the city’s economic development level, residents’ income levels, and cost‑profit considerations. Homebuyers may choose either to purchase or to lease an underground parking space, thereby acquiring either ownership or usage rights. Developers may not sell without also offering rentals.

When a construction entity sells commercial housing, it shall conspicuously display at the transaction venue a floor plan of the project’s underground facilities, a layout map of underground parking spaces, and the sales and rental prices for those underground parking spaces. In particular, the sales and rental prices shall be implemented in accordance with… “One parking space, one price.” Property service companies shall publicly disclose the pricing for parking services.

Article 28: In principle, the sale and rental of underground parking spaces in residential areas shall first meet the needs of the residents of that residential area.

Sell, give away as a gift, or rent out For underground parking spaces designated for both peacetime and wartime use, the parties concerned shall file with the civil defense authority the sales contract, gift agreement, or lease agreement. They shall also inform the purchaser, donee, or lessee that “this parking space is part of a civil defense facility and its use and management must comply with relevant laws and regulations on civil defense.” Furthermore, the sales contract, gift agreement, or lease agreement shall expressly state: “This parking space is located within the civil defense facility. During civil defense drills or in times of war, it must unconditionally comply with government directives and be subject to requisition without compensation; its use and management shall adhere to the laws and regulations governing civil defense, and it may not impair the facility’s air‑defense effectiveness.”

Article 29: The construction entity shall fully leverage the utilization of underground parking spaces and may lease any unsold or complimentary underground parking spaces to property owners for use.

Article 30: Where underground parking spaces are put up for transfer concurrently with the sale of a residential unit, they shall be offered in priority to the purchaser of the residential unit or to other owners within the same residential community.

Article 31: Underground parking spaces shall be brought under property management, and their intended use and structural integrity may not be altered without authorization.

Article 32: The use of urban intelligent parking guidance system platforms for the operation and management of underground parking spaces is encouraged, with a view to achieving their efficient utilization.

Chapter Six Real estate registration

Article 33 Registration of State-owned Land Use Rights for Underground Parking Spaces

(1) Registration of the right to use state-owned construction land for underground parking spaces shall be conducted in accordance with the relevant provisions governing the registration of rights to use state-owned construction land granted through assignment or allocation.

(2) For underground parking spaces constructed in conjunction with above-ground buildings, the above-ground and underground structures (including the jointly constructed underground parking spaces) shall be registered separately as state-owned land-use rights and state-owned land-use rights for underground space, respectively. For stand-alone underground parking spaces, a separate registration of state-owned land-use rights for underground space may be obtained.

(3) State-owned land use rights for constructed parking spaces (underground) ) The term of use shall be determined as follows: When the right to use state-owned construction land is granted, if the term for the underground parking space has been specified, registration shall be made according to that specified term; if no term has been specified for the underground parking space, and the parcel is designated for a single use, registration shall be made according to the term applicable to that single use; if the parcel is designated for multiple uses, registration shall be made according to the term applicable to the use with the longest duration.

Article 34: Preliminary Registration of Underground Parking Spaces

(1) The construction entity and the prospective purchaser of a parking space shall, upon submission of the real estate ownership certificate for the construction project, planning and engineering approval documents, the pre-sale permit, the pre-sale contract for underground parking spaces, the basement floor plan, and other relevant materials, apply for preliminary registration of the underground parking space.

(2) For underground parking spaces subject to civil defense requirements, an application for preliminary registration shall be submitted, accompanied by the real estate ownership certificate of the construction project, planning and engineering approval documents, the pre-sale permit, the pre-sale contract for the underground parking spaces, the basement floor plan approved by the planning authority, and the civil defense engineering conversion plan—both peacetime and wartime—approved by the civil defense authorities.

Article 35: Initial Registration of Ownership of Underground Parking Spaces

(1) For projects involving the construction of underground parking facilities, where the construction project has been completed and has passed planning verification and竣工备案 (completion filing), the initial registration of the state-owned land-use right for the underground parking spaces and the ownership of those spaces shall be processed concurrently with the initial registration of the state-owned land-use rights and building ownership for the other structures (aboveground and underground) of the same project. The required documentation for registration shall follow the “Guiding Opinions of the General Office of the People’s Government of Chenzhou City on Standardizing the Initial Registration Procedures for Real Estate Development Projects (Trial)” (Chen Zheng Ban Han […]). In accordance with the relevant provisions of Document No. 116 [2017], where civil defense underground parking spaces are involved, a conversion plan for dual-use (peacetime–wartime) civil defense facilities, approved by the civil defense authorities, shall also be submitted.

(2) The first-time registration of the state-owned land-use right for stand-alone underground parking spaces and the ownership of such parking spaces shall be processed jointly.

The applicant shall submit the following documents: the real estate ownership certificate; the Planning Verification Opinion (original) and the completion floor plan approved by the planning authority; the real estate survey report and the real estate surveying and mapping report (originals); the Comprehensive Completion Acceptance Filing Form and the Land Acceptance Application Review Form for Real Estate Development Projects (originals); proof of payment of relevant taxes and fees, together with the corresponding invoices; and any other materials prescribed by laws, regulations, and the Implementing Rules of the Regulations on Real Estate Registration.

(3) For underground parking spaces that are part of civil defense facilities, in addition to the documents required under paragraphs (1) and (2) of this Article, the following shall also be submitted: the basement floor plan approved by the planning authority, and the civil defense conversion plan for peacetime–wartime use, as approved by the civil defense authorities.

(4) Underground parking spaces shall be recorded on the real estate certificate as “Underground structure.”

Article 36: When registering civil defense underground parking spaces, the real estate registration authority shall annotate both the real estate register and the real estate certificate as follows: “This parking space is located within the scope of a dual-use civil defense facility for peacetime and wartime purposes; its use and management shall comply with applicable laws and regulations on civil defense.”

Article 37: The registration of the transfer of the land-use right for underground parking spaces and the ownership of such parking spaces shall be handled in accordance with the relevant provisions governing the registration of the transfer of land-use rights and building ownership.

Where parking spaces utilizing allocated construction land use rights (underground) are put on the market for trading, the relevant land transfer approval procedures must be completed and the land transfer fee paid. Failure to complete such procedures or to pay the full land transfer fee shall preclude the registration of any transfer.

Article 38: With respect to the real estate registration of underground parking spaces approved for construction prior to the implementation of these Measures, the following procedures shall apply:

(1) Where real estate registration has been duly completed in accordance with the law (including property and land registration conducted in compliance with the law in cases of decentralized registration), the real estate registry shall be deemed lawful and valid, and the real estate ownership certificates issued in accordance with the law shall be protected by law.

(2) For projects involving the construction of underground facilities, if the land parcel is subject to the transfer of state-owned land-use rights, the type of use right shall be designated as “transfer”; if the land parcel is allocated land-use rights, the type of use right shall be designated as “allocation.” The area of the state-owned land-use right (underground) shall be calculated based on the actual underground space occupied by each parking space, the total floor area of the parking space, and the floor area of that specific parking space, with apportionment applied accordingly.

For construction‑related projects that involve both transferred state‑owned land use rights and allocated land use rights, if the underground parking spaces planned and constructed have not undergone the formalities for the transfer of state‑owned construction land use rights (underground), the type of state‑owned construction land use right (underground) for such parking spaces shall be determined as “transferred.”

(3) Where underground parking spaces are independently constructed in accordance with the planning and no land-use right approval procedures have been completed, real estate registration may be processed. The type of land-use right shall be designated as allocated state-owned construction land use right (underground), and the area of such land-use right shall be determined based on the actual area of use.

The parties concerned may, on the basis of planning approval documents, engineering project filing and approval records, planning verification opinions, completion floor plans approved by the planning authority, comprehensive completion acceptance filing opinions, real estate surveying and mapping reports, relevant tax payment certificates and invoices, and other supporting materials, apply for real estate registration. Where civil defense facilities are involved, they must also submit the underground layout plan approved by the planning authority and the civil defense facility’s peacetime‑to‑wartime conversion plan approved by the civil defense department, among other required documents.

(4) For projects involving the construction of underground parking spaces, where the initial registration of the land-use right for the construction site and the ownership of the buildings has already been completed (including registrations made under a decentralized registration system), but the initial registration of the land-use right for the underground parking spaces and the ownership of those parking spaces has not yet been processed, the rights holder may apply to obtain such initial registrations.

(5) For constructed‑and‑transferred projects, where the land use right and ownership of buildings have already undergone transfer registration, and the purchaser has effectively acquired ownership of the underground parking space, the parties to the transfer may directly apply for registration of the transfer of the land use right and ownership of the underground parking space, based on the pre‑registration certificate or the underground parking space purchase contract, the real estate surveying and mapping report, the as‑built floor plan indicating the location of the purchased parking space, as well as relevant tax payment receipts and invoices. If the underground parking space has already been transferred (including multiple transfers), the current transferring parties may, by presenting a valid and lawful underground parking space purchase contract, the real estate surveying and mapping report, the as‑built floor plan showing the location of the purchased parking space, and the corresponding tax payment certificates, directly apply for transfer registration.

Chapter Seven Legal liability

Article 39: Where a violation of the relevant provisions of these Measures warrants administrative punishment in accordance with law, such punishment shall be imposed by the competent administrative authorities concerned.

Article 40: If staff members of administrative organs, in the course of the construction, utilization, and management of underground parking spaces, neglect their duties, abuse their authority, or engage in favoritism and corruption, they shall be subject to disciplinary action by their respective departments or their superior authorities; if their conduct constitutes a crime, they shall be held criminally liable in accordance with the law.

Chapter Eight Supplementary Provisions

Article 41: The construction, utilization, and management of underground parking spaces in counties and cities may, by reference to these Measures, formulate implementing rules.

Article 42: These Measures shall enter into force as of the date of their promulgation. Where laws, regulations, rules, or higher-level normative documents contain separate provisions governing the construction, utilization, and management of underground parking spaces within civil defense facilities, such provisions shall prevail.